PLEASE READ THIS CAREFULLY. WHEN YOU MAKE A HOLIDAY RESERVATION REQUEST WITH US (WHETHER BY EMAIL, TELEPHONE OR POST), THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU.
1. Sterling Property Developments Ltd (The Owner) of Valley View Barn, Mill Lane, Tissington/Bradbourne, Ashbourne, Derbyshire, DE6 1RG (‘The Property’) The property is subject to the following terms.
HOLIDAY CONFIRMATION AND PAYMENT
2. (a) Upon the Owner issuing a holiday confirmation form for the Property to the Holidaymaker a binding contract shall exist between the Holidaymaker and the Property Owner subject to these booking conditions.
(b) A holiday confirmation form will be issued to the Holidaymaker upon receipt by the Owner of a completed holiday booking form or telephone booking, together with a deposit in respect of 25% of the total rental charge. The balance of such rental charge shall be paid to the Owner 8 weeks (60 days) prior to the commencement of the holiday (the due date is stated clearly in the holiday confirmation form sent to the Holidaymaker). Where the Owner has not received the balance by the due date, an overdue reminder letter will be issued to the Holidaymaker and a charge of £10 will be added to the balance due. If the balance is still not received, the Owner reserves the right to cancel the holiday booking and the deposit paid by the Holidaymaker will be forfeited and the Holidaymaker shall have no claim against the Owner for compensation or reimbursement whatsoever.
(c) Website Bookings received by the Owner in respect of holidays due to commence within eight weeks thereafter must be accompanied by payment of the rental charge for the holiday period in full, per week or per short break.
(d) (i) The prices stated on the website are cash prices. Any charges raised against the Owner by its bank for handling dishonoured cheques, bank transfers or any other payments, must be reimbursed by the Holidaymaker to the Owner within 7 days of the Owner’s request to do so.
ii) Holidaymakers from Overseas must make payment in pounds sterling.
(e) The Owner reserves the right to refuse any booking.
(f) The Owner reserves the right to correct any error in both advertised and confirmed prices.
CHANGES BY THE HOLIDAYMAKER
3. Immediately upon receipt of the holiday confirmation from the Owner, the Holidaymaker should check the details and notify the Owner immediately of any correction as soon as possible. The Owner reserves the right to charge a holiday booking amendment fee to administer/correct any error by the Holidaymaker.
CANCELLATION BY THE HOLIDAYMAKER
4. (a) The Holidaymaker should notify the Owner immediately and in writing of any intention to cancel the holiday booking within 60 days of the holiday or more. The cancellation only takes effect when the Owner has received written confirmation from the Holidaymaker. A full refund of the deposit will be given less any administration costs.
(b) If notice is given under the required 60 days’ notice period and the Owner is unable to re-let the holiday accommodation for the period of the cancelled holiday, all monies paid by the Holidaymaker to the Owner (including any fees for extras) shall be forfeited to the Owner.
(c) If the holiday accommodation is re-let, monies received by the Owner for the re-let holiday, less the deposit, booking fee and any extras already paid by the Holidaymaker, may be refunded to the Holidaymaker within 2 weeks after the re-let holiday has taken place.
(d) The above terms refer also to Short Break holidays.
CANCELLATION OR CHANGES BY THE OWNER
5. (a) In the event of the Owner being unable to arrange the holiday accommodation requested by the Holidaymaker, or if the Property booked by the Holidaymaker becomes unavailable for whatever reason, the Owner will endeavour to arrange alternative accommodation for the Holidaymaker of an equivalent type and standard in a similar location, failing which (or at the option of the Holidaymaker) all monies paid by the Holidaymaker will be refunded. The Owner will then have no further liability to the Holidaymaker in that respect.
(b) The Property Owner is not liable for the additional cost of any alternative accommodation which must be paid by the Holidaymaker.
(c) If the offer of alternative accommodation is not accepted by the Holidaymaker within 28 days, a refund of all monies paid will be given by the Owner.
RESPONSIBILITIES OF THE HOLIDAYMAKER
6. During the period of the holiday, the Holidaymaker undertakes the following:
(a) That the number of people occupying the Property will not exceed the number stated on the booking form. If it does the Property Owner/caretaker can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the accommodation before the end of the holiday. If this happens the Agent shall treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement whatsoever.
(b) That the Property will be used solely for the purpose of a holiday by the Holidaymaker and his party;
(c) To show due consideration for other parties. If the Holidaymaker abuses the Property or displays dangerous, offensive or rude behaviour to the Property Owner/caretaker or any third parties (e.g. neighbours), the Property Owner/ caretaker has the right to ask the Holidaymaker to leave the accommodation before the end of the holiday. If this happens the Owner shall treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Owner for compensation or reimbursement whatsoever.
(d) To allow the Property Owner or his representatives access to the Property at any reasonable time during the period of the holiday;
(e) To keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the Property is left in the same state of order and cleanliness in which it was found. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy and for any consequential loss.
(f) To report as soon as possible to the Property Owner any breakages or damage caused by the Holidaymaker during the holiday and to reimburse the Property Owner with the cost of replacement. The Property Owner reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused;
(g) To notify all other members of the Holidaymaker’s party of these conditions;
(h) To arrive after 4 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless prior arrangement has been agreed with the Property Owner.
(i) The Holidaymakers’ vehicles and their contents and the Holidaymakers’ personal belongings are left at the Property during (and after) the period of the holiday entirely at the risk of the Holidaymaker.
(j) The Holidaymaker must not (without the express permission of the Property Owner) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property.
(k) That the Holidaymaker should adhere to the regulations for safety and the stream adjacent to the cottage and that the Property Owner takes no responsibility for any injuries, health problems or deaths that result in the misuse/lack of supervision of children or not taking in consideration of the health risks by the Holidaymaker and guests.
PETS
7. (a) Pets are not allowed at the property. The Property Owner/caretaker can refuse to allow the Holidaymaker to take possession of the Property if pets are accompanying the Holidaymaker or make the Holidaymaker leave the accommodation before the end of the holiday. If this happens the Agent shall treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement whatsoever. Additionally, if this rule is ignored, the Holidaymaker is liable for all damage and additional cleaning.
LIABILITY
8. (a) The Owner shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker’s personal property (or to persons in the Holidaymaker’s party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or willful default of the Owner.
(b) The Owner gives no warranty and is not responsible for the accuracy or otherwise of any information or representations given verbally by its servants or agents.
COMPLAINTS
9. In the unlikely event the Holidaymaker may have cause for dissatisfaction, this must first be made known to the Property Owner (or caretaker for the Property) as soon as possible.
FORCE MAJEURE
10. No liability can be accepted and no compensation will be paid by the Property Owner, where the Holidaymaker or his personal property suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Property Owner are prevented or affected, by ‘force majeure’. In this contract ‘force majeure’ means any event which the Property Owner could not have foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire; adverse weather conditions closure of international borders disease none availability of transport services interruption to services/utilities and all similar events outside the control of the Property Owner.
CONTRACT
11. All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.